This activity is dangerous and can result in injury or death. Participation is voluntary and at your own risk
Waiver and Release of liability
Smash It Habersham LLC and their respective officers, directors, guides, employees, representatives and assigns are hereafter reffered to as "Releases"
Definition
"Smash" shall include any use or participation in any part of the Smash It facility and its related equipment. This includes other activities or events provided, organized, arranged or sponsored by the Releases.
Assumption of Risks
I understand that "Smashing" under this waiver involves out-of-the-ordinary risks, and hazards including, but not limited to: accidents; slips; falls; malfunction of equipment; injury causing open wounds; shock or other injuries to the body while participating in "Smash It" activities. I freely accept and fully assume all risks, dangers and hazards, including the possibility of maiming or death, and loss resulting from such injuries.
Medical conditions
I understand Smash It activities can cause unusual stress on the body. Such activities are not recommended for persons suffering from heart, respiratory, joint or ligament disorders, diseases, syndromes or conditions. Women who are pregnant or may be preganant are not recommended to participate. I have been advised to consult with my medical practitioner before engaging in "Smash It" activites.
Release of Liability, Waiver of claims and indemnity Agreement
In consideration of the releases agreeing to my participation in "Smash It" activities, and permitting my use of the Smash It equipment, room and other facilities, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, as a result of my participation in the Smash room, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREECH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE ON THE PART OF THE SAFEGAURD OR PROTECT MEFROM THE RISKS, DANGERS AND HAZARDS OF "Smash It" ACTIVITIES.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal inury to any thrid party resulting from my participation in "Smash It" activities.
- This release agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
- This Release agreement and any rights, duties, and obligations as between the parties to this release agreement shall be governed by and interpreted solely in accordance with the laws of the state of Georgia and no other jurisdiction.
- Any litigation involving the parties to this release agreement shall be brought solely within the city of Cornelia and shall be within the exclusive jurisdiction of the courts of Georgia.
Photo/video Release
I consent to photographs and videos being taken of me during my Participation in "Smash it" activities, and to the publication of the photographs and videos by the releasees for advertising, promotional and marketing purposes.
In entering into this release agreement, I am not relying on any oral or written representations or statements made by the releases with respect to to the safety of "Smash It" activities, other than what is set in this release agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.